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Seeking legal advice, RE: dispute on residential lot

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jsar


Arresto Menor
I would like request for legal advice regarding our problem on our residential lot. Here are the facts:

Father and Uncle are sons-heirs of Lolo who has an untitled residential lot, with house, located in Taguig. The two divided the lot and house between themselves when Lolo died. In 1994, Uncle sangla (is it "mortgaged" in legal parlance?) his share of the lot, with his half of the house to Mrs.A for P20,000. When Uncle died, his wife Tita offered the mortgaged lot and half-house, to Father, but Father could not buy it. So the Tita sold it to Mrs.A for additional P50,000. Uncle and Tita have a Daughter, who was only 4 to 5 years old when it was sold to Mrs.A. In 1998, Mrs.A sold the lot for P250,000 to Stranger, who has been occupying the lot and half of the house until now.

QUESTIONS:

1. Did Tita have the right to sell the lot, considering that it was still untitled and there is a compulsary heir Daughter? Was the sale valid? If not, what are the legal remedies?

2. Was the sale between Mrs.A and Stranger valid? If not, who may contest it?

3. Pwede po ba maghabol si Daughter, who is now 19 years old?

4. Do the Wife and Sons of Father (now deceased) have right/interest over the lot and the half of the house in question? Can they buy back the lot and house?

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attyLLL


moderator
i do not recommend that daughter goes after the house. assuming she was the only child, mom owned 75% of their interest in the property at the time of sale. daughter 25%. if she want to get back her interest, she should claim it from mom who probably used it for her and the family.

the sale is valid. indeed daughter can contest it, but she can only fight for her 1/4 ownership over the property.

father's heirs do not have interest in the property. there was a de facto separation of their shares with with his brothers.


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jsar


Arresto Menor
Is there other opinion?

Thanks AttyLLL! In the facts, I am the Stranger. Based on your opinion, the sons of Father have no right to evict me from the house. I'm getting into a lot of trouble with them I might just sell it. Problem is my prospective buyers all have second thought because the lot is untitled and all i have as proof of my ownership is a contract of sale with Mrs.A, with the attached contract between Mrs.A and their Uncle. Can I validly sell it with only those documents?

The Daughter was abandoned by her mom to the family of my neighbor. I doubt if she really benefited from mom. If she file complaint against me, what defense can i have to keep her 1/4 share?

Thanks again!

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attyLLL


moderator
same, that you paid for the property to her mom. argue that the mom was authorized to sell the property as the guardian of the child or that she misrepresented herself. argue that she should go after her mom.


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jsar


Arresto Menor
Thanks.

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